MOINUDDIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Writ Petition is disposed of at the stage of preliminary hearing after notice to respondents and after hearing Counsel for the petitioner as well as learned Government Pleader for respondents. The records produced by the learned Government Pleader, also perused.

(2.) The petitioner is the registered owner of the land bearing Survey No. 221/13 measuring 7 acres 4 guntas in Ainoli village in Chincholi Taluk of Gulbarga District. He is aggrieved by the final notification dated 21st March. 1934 published in the Karnataka Gazette dated 24th March, 1983 under sub-section (4) of, Section 3 of the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 (herein after referred to as 'the Act'). That denotes that the land in Survey No. 221 to the extent of 5 acres is required for the purpose specified in notification issued under sub-section of Section 3 of those Act earlier on 3rd May, 1977 and published in the dated June 16, 1977. A perusal of the earlier notification clearly is indicative that the acquisition was proposed in the said Survey number for the public purpose of granting house sites to the weaker section of the people who are site less.

(3.) The petitioner has challenged the notification essentially on four grounds: